823.628/6–948
The Ambassador in Peru (Cooper) to the Secretary of State
No. 454
Sir: I have the honor to refer to the Department’s telegram No. 187, May 17, 1948,1 requesting Embassy’s views concerning protest of reservation against Peruvian presidential decree of August 1, 1947 extending sovereignty over extraterritorial waters.2
As the Embassy does not have access to the decisions which may have been rendered by the Department defining the policy of our Government formed as a result of the presidential proclamation of September 28, 1945, it is somewhat difficult to make firm recommendations on the Peruvian declaration.
The Peruvian decree asserts full jurisdiction over the sea bed and the sea for a distance of two hundred miles from the Peruvian coast and off-shore islands. The United States declarations reserve the resources of the sea bed to the United States and establish jurisdiction for regulating and controlling fishing activities in waters adjacent to the coasts without limitation of the areas embraced. Moreover, the presidential proclamation does not exclude foreigners from conducting fishing operations in the waters adjacent to the coasts of the United States as it makes provision for negotiations with other governments for the partition of such fishing grounds.
The exclusive jurisdiction asserted by the Peruvian Government over an area of the sea arbitrarily determined appears to contravene the freedom of the high seas. It is based on neither Peru’s claim to the continental land mass, to river resources, customary fishing practices (Peruvian fishermen rarely fish beyond twenty-five miles from the coasts), nor any other established right. Peru fails to recognize fishing rights which have been or may be established by foreign nationals and makes no provision for exercising control and regulation in cooperation with foreign governments. Acknowledgement by the Peruvian Government of the right of free navigation within the jurisdiction it claims does not lessen the force of its declaration of sovereignty.
Although the Embassy has had no evidence of American fishing activities in the area embraced within the two hundred mile limit [Page 732] claimed by Peru, except for occasional whaling expeditions, there is increasing interest being displayed by American enterprises in the possible exploitation of high sea fishing off the coast of Peru and it appears desirable to the Embassy that the Government of the United States should inform the Government of Peru that it reserves the right of its nationals to conduct fishing operations in the high seas off the Peruvian coast. If such operations impair the resources of Peru, the Government of the United States should express its willingness to enter into negotiations for their adequate regulation and control.
Respectfully yours,